HAMMERSTEIN v. HENRY MOUNTAIN CORPORATION


11 A.D.3d 836 (2004)

784 N.Y.S.2d 657

GABRIELE HAMMERSTEIN, Appellant, v. HENRY MOUNTAIN CORPORATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 28, 2004.


Kane, J.

In 1998, plaintiff sold defendant a parcel of property consisting of a house, a barn and approximately 626 acres of land. In consideration, defendant paid a $150,000 down payment and executed a $600,000 purchase-money mortgage. Under the terms of the mortgage, defendant agreed to pay interest only at the rate of $4,000, or 8%, monthly until the principal was due to be paid in full. The mortgage contained an acceleration provision in the event of defendant...

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